Comments by Brian Shilhavy
Editor, Health Impact News
Several New York consumers have sued Amazon.com and Starbucks over the unauthorized use of their palm scans.
Plaintiffs bring this action for damages and other legal and equitable remedies arising from the unlawful actions of Amazon and Starbucks to collect, retain, store, convert, use, share and profit from the biometric identification information of claimants and others similarly situated (sometimes referred to as “biometrics”): their hand geometry (“hand geometry” or “palm scan” or “palm prints”) and/ or body geometry (“refer to physiological characteristics”.[ing] body shape or composition”)—in direct violation of New York City’s Biometric Identification Information Act.
On January 11, 2021, New York City enacted a new law that requires retailers and other business establishments that collect, retain, convert, store or share customers’ “biometric identifier information” to notify these practices to your customers before customers enter. those establishments. See N.YC Admin. Code § 22-1201 et seq.
The type of information to which the law applies includes any physiological or biological characteristic that is used to identify (or help identify) a person, such as facial recognition, retinal scans, fingerprints, handprints or any other identifying characteristic such as the shape or size of a person’s body. (Source.)
BiometricUpdate.com reported on this.
Amazon and coffee retailer Starbucks are being sued in US federal district court for misusing customers’ biometric identifiers.
The proposed class action (2:23-cv-00852) has been filed in the Western District Court of Washington. The named plaintiffs, Suzanne Mallouk, Alfredo Rodriguez Perez and Arjun Dhawan, claim their privacy rights were violated when they visited New York City stores that used Amazon’s One Palm biometric scanners.
(The trio had filed separate cases but joined their claims in Washington state, which is home to both defendants.)
No specific amount is requested in the trial.
Biometric authentication as a payment method in Amazon Go stores was introduced in New York City in 2019. A scanner has since been added to other Amazon-owned stores. It is also claimed that Amazon uses a person’s size and shape to identify them in stores.
Each plaintiff alleges that Amazon is violating a 2021 city law by scanning palms without first posting required notices. That year, Starbucks went into business with Amazon in the first of multiple Starbucks-Go stores.
The plaintiff’s court documents charge that Starbucks “sells, markets and shares customers’ biometric identifier information with Amazon in exchange for various things of value and otherwise benefits” from the deal.
Specifically, the defendants are accused of “collecting, retaining, storing, converting, using, sharing and profiting” from hand geometries in violation of the New York City Biometric Identification Information Act (BiI Act) .
The defendants were required by law to post warning signs at the front doors, but allegedly failed to do so.
According to court documents, the plaintiffs wrote to Amazon complaining about the alleged violations. A plaintiff also wrote to Starbucks but received no response. (Full article.)
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Posted on June 13, 2023
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